Discrimination, Audits

Agency’s Silence is Golden for Protester

Pillsbury Winthrop Shaw Pittman LLP on 5/21/2024

GAO sustains protest because the agency failed to respond to a protest allegation and did not recognize discriminators during the evaluation. A recent GAO decision provides a rare example of GAO sustaining a protest when...more

FTC Settlement with Auto Dealer Group Demonstrates Treatment of Discriminatory Conduct as “Unfair”

Bradley Arant Boult Cummings LLP on 10/24/2022

The FTC issued a release on October 18, 2022, to announce that it has initiated an enforcement action in Maryland against a Washington, D.C.-area auto dealer group, Passport Automotive Group, as well as two of its executives,...more

Why An Equity Audit Is Your Best Defense Before You Need One: Lessons Learned From Activision Blizzard, Inc.

Dechert LLP on 8/18/2021

Key Takeaways - This article explores: How recent sexual harassment and discrimination allegations against Activision Blizzard, Inc. show the great legal and reputational costs that can come from failing to deal with...more

OFCCP Proposes Clarifying Evidence Standards, Post-Audit Procedures in Regulations

Stinson - Government Contracting Matters on 1/22/2020

The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more

Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/15/2019

Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only...more

OFCCP Implements Early Resolution Procedures To Expedite Compliance Audits

Polsinelli on 12/4/2018

The Early Resolution Procedures (ERP) Directive (2019-02) appears to be designed to address a long-standing frustration of OFCCP regarding the structure of the compliance audit process: that it is generally limited to a...more

OFCCP Incentivizes Employers To Choose Early Resolution Of Audits

Jackson Lewis P.C. on 12/4/2018

As we reported last Friday, OFCCP has kicked-off 2019 with a band – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we...more

New OFCCP Directive on Predetermination Notices Makes it Easier for Contractors to Understand and Address OFCCP Audit Concerns

Littler on 3/15/2018

A Promise of Greater Transparency and Consistency - In recently meeting with the OFCCP’s new leadership, we were pleased to hear that they are committing to increasing transparency and achieving consistency across regional...more

Administrative Law Judge Winnows OFCCP’s Data Request

Littler on 7/19/2017

On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order (“Order”) on the Office of Federal Contract Compliance Programs’ (“OFCCP”) data requests issued to Google, significantly...more

Unconfirmed Complaints May Be Enough To Trigger An Early OFCCP Audit

Constangy, Brooks, Smith & Prophete, LLP on 6/15/2017

Can a year-old rumor be enough to bring the OFCCP running? One administrative law judge says it can. Judge Lystra Harris recently ruled that, because of an oral complaint of discrimination, Mega Construction Project...more

OFCCP Sues Google, Seeking Pay Data

Proskauer - Government Contractor Compliance... on 1/10/2017

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees. OFCCP seeks...more

Employers May Request Alternative Documents Following an Internal I-9 Audit

Shumaker, Loop & Kendrick, LLP on 11/9/2015

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request...more

Mississippi Court Rules Discriminatory Exclusion is Unconstitutional

Baker Donelson on 4/16/2015

The Hinds County Chancery Court recently issued an opinion in AT&T Corp. v. Miss. Dep't of Revenue finding that Mississippi's dividend exclusion statute unlawfully discriminates against interstate commerce and is therefore...more

Rise in misclassification suits and DOL audits quite a fright: what an employer can do to prepare

Baker Donelson on 11/4/2013

Few things are more frightening to an employer than a worker misclassification suit. Perhaps a Department of Labor audit over wage and hour issues may be just as scary. One thing is for sure: disagreements about how workers...more

OFCCP Rescinds Prior Guidance on Compensation Discrimination Analysis In Favor of a Case-by-Case Approach

Orrick - Employment Law and Litigation on 3/12/2013

Effective February 28, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) rescinded two 2006 guidance documents concerning how the OFCCP and federal contractors analyze potential pay discrimination. This...more

Be Aware of More Aggressive Enforcement of Equal Pay

Burns & Levinson LLP on 3/1/2013

The Director of the Office of Federal Contract Compliance Programs (OFCCP), Patricia A. Shiu, just announced that prior voluntary guidelines and compliance standards for federal contractors and subcontractors to comply with...more

New Compliance Concerns for Employers of Foreign Workers

Snell & Wilmer on 12/31/2012

Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

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